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Home My WebLink About0522 SHOOTFLYING HILL RD ' vt?. '�`iry •.?�r 't�"4". .: - .. �'.. ,.., _ }..,, .. ..... � 5f`�.�'t' Ni iy� �,�tk r.:: � ?"� y„ r'�#f � ;<*"' � •-+tad y tkt�"i,• r;.,�:: t,' s �"' .. _, a _.. i'., :i.,.i i.:,:. '�}Y -z; Y" .i: - .k._ ai, uq, { ..v• s,,�. o' .n i- ` .!� �tnd,�.�:3...trh 1xsG ��•� rti ' i i� r - U t �f4 �, ;•A fir' - a 2 ,� ,a3 �. � - k 'l i�.i�kRi * {.Li,�v"'�' ��..sN rid'..t"� �v,, ,.� �xpr•'i' � i��l:;, r� .r y,�. , r, ti G wc _ f ,5.4, 0 i s� •�y TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map -: Parcel: V' Application # O V Health'Division `�"' s'�`' Date Issued Conservation Division r '`Apo fi,cation Fe Planning'Dept: Permit Fee S . Date Definitivei Plan Approved by Planning Board ( �t�/oley _ya Historic _ OKH Preservation / Hyannis { Project Street Address 3 OCs4i t r Village l (2yAelru 11�C: ^� Owner '�'1Gtr�. Carylsa.ker Address )O ctot3 ,�n"t��Vt le �01ro3o� . z ; Telephone avice. ,50$ '"tYT. 3?6^1- Permit Request 1Y)S+CA �GS�Q.I dOCV- . Ato VM vi 0.1m �,ann� Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new • Zoning District Flood Plain Groundwater Overlay �8 • Project Valuation 3 ©$O. Construction Type , wtp+nl • Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure D- Historic House: ❑Yes YNo On Old King's Highway: ❑Yes)dNo Basement Type: *Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft) 1 2 Number of Baths: Full: existing new Half: existing c' nevi Number of Bedrooms: � existing _new c3" _ Total Room Count (not including baths): existing new First Floor Roorr Countx- Heat Type and Fuel: ❑ Gas ❑Oiler-QElectric ❑ Other Ln , Central Air: /AYes ❑ No Fireplaces: Existing ZNew Existing wood/coal stove: ❑Yes 21 to Detached garage: ❑ existing ❑ new size_Pool: ❑existing ❑ new size _ Barn: ❑ existing ❑ new size"_ Attached garage: ❑existing U.new size _Shed: ❑ existing ❑ new size _ Other: 5 / / Zoning Board of Appeals Authorization 4 Appeal # Recorded Commercial ❑Yes ® No If yes, site plan review# Current Use?(,,_ se "u ena" gac, c��/(. _ Proposed Use r t APPLICANT INFORMATIO _ (BUILDER OR HOMEOWNER) 1, lAoc-k: S o� a• oZAA5 Name Telephone Number Celt 1561&-_T -T� '3�v'77. Addressf g a License l eyAer,o cMIN Home Improvement Contractor# 1 I MSA r aa�3� Worker's Compensation # �J��5o�atg5�lota 00 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGN ATU DATE (� . =' FOR OFFICIAL USE ONLY c ,, APPLICATION# f DATE ISSUED - ' J MAP/PARCEL NO. _ ADDRESS VILLAGE T•1 OWNER DATE OF INSPECTION: FOUNDATION M FRAME s INSULATION f ' FIREPLACE ELECTRICAL: ROUGH — FINAL PLUMBING: ROUGH FINAL = --GAS: ROUGH FINAL FINAL BUILDING �tAloi DATE CLOSED OUT, v ! y i �' l �I � 'a r• - ASSOCIATION PLAN NO. f J The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' d 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidv' • Builders/Contractors/Electricians/Plumbers Applicant Information /' Please Print Legibly Name(Business/Organization/Individual): Address: 'p x C o�3 City/State/Zip:EeYAP(y11le, ft Phone.M �� pl• 0_V��S Are u an employer? Check the appropriate box: Type of project(required): 1 I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. New construction 2.❑.I am a sole proprietor or partner- listed on the'attached sheet. T. ❑ Remodeling ship and have no employees These sub-contractors have 8.'❑ Demolition workingfor me in an capacity. employees and have workers' Y P tY• # 9. ❑Building addition [No workers' comp.-insurance comp. insurance. '10. Electrical repairs or additions required.] 5. ❑ We are a corporation and its ❑ P 3. - I am a homeowner doing all work officers have exercised their 1 LF]Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.] t c. 152, §1(4),and we have no l employees. [No workers' 13. OtherQ1.QaC� comp.insurance required_] *Any applicant.that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. TContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. n Insurance Company Name: Policy#or Self-ins.Lie.#:_ 6)CC Soo a A SA Q 1 pl CK)e Expiration Date: z lh5i _ Job Site Address: �J a O �1 h m City/State/Zip:CeYYj. s I 6a(o3D, . Attach a copy of the workers'compensation olicy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day.against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investi ations of the DLArfQr insurance coverauirrification. Ida hereby a der t pains and p alties of erjury that the information provided above is true and correct Si afore: Date: A Phone#: � S�Q U' za Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their.employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as "an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or tiustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance;construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall . enter into any contract for.the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-con&actor(s)name(s), address(es)andphone number(s) along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions-regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials .Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permittlicense number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town),".A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number: The C6mmonwWth of Massachusetts Department of 1.ndustriol Accidents Office of Investigations. 600 Washington Street Boston,MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727=7749 Revised 11-22-06 www.mass.gov/dia 'own of Barnstable - ti o Regulatory Services of � RARNMB Thomas F.Geiler,Director MAIM Building Division rFD FM'1 Tom Perry,Building Commissioner 200_Main Street, Hyannis,MA_02601 www.town.barnstable.ma.us ' Office: 508-862-403 8 Fax: 509-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: umber street —7 village h /, / _ .HOMEOWNER V V 1 `F'�— / c�- , �L/L( name home phone# work.gbone# CURRENT MAILING ADDRESS: "i �r . �X city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to.,allow homeowners to engage an individual,for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMMONVNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the.Building Official on a form accgp6ble to the Building Official,that he/she shall be responsible for all such work perforated under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned `homeowner certifies that_he/sbe understands the Town of Barnstable Building Deparlrnent mini„stam inspection procedures and requirements and that he/she will comply with said procedures and Sikoatilre of Hon6owner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 ConstructidWOontrol. _ HOMEOWNER'S EXEMPTION .The Code states that."Any homeowner performing work for which a building pernrit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a parson(s)for hire to do such work,that such Homeowner.shall act as supervisor" Many homeowners who use this exemption are unaware that they are assuming the res'ponstbilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultiriiately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certif,cation for use in your community. Q:forrns:homcexcrnpt. ' zHKE T -s a le - oky Town of B am t b Regulatory Services B"R' "BLS '` Thomas F_Geiler,Director fn �� Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fay: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application.for 5o�aS�nC04� (Address o Jo Stgnaturc of Owner Date Q Pr int Name If Property Owner- is applying for permit please complete.the Homeowners License Exemption Form on the reverse side. Q:FORMS:O WNER.PERMISSIOtQ . . .. . :� - . . _.. . . . LLCEN SE N 0 Ii . . Approved .by De :arb ,ent: of.:Environmental. Protection P Dat e Po. CENTERVILLE .:. 1. Q�Q KEYIEW LOCUS :.11a a 1 CO ^� O' WEOUAQUET NYEI. PONO s I. LAKE ECK CV. 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O; O ' Ui POINT L U O d 7 > ,' U X Ua POIN 1 ll` LOCUS MAP � � = , ; 0: V .l,l . ' 4. Sit E ' , z N 7r , Z Zp '' (5.1 r 1 W y '�f (a L ; { z 'W d 4 ' I O a J C Z d lij N U) ` N p I i s s �' 'L W /� U , ZO x t *� O Q •� Y i� a _ }`y I N CJ N Y , _ C 4 F c�.. : i l m a ., ��OF Mqs dP sI c r CY ',' 41 f , 0 3 o EQ[WAR[ L y�N ,� ,`I C ��, ,.4., rflrSCI_ I r A 6° Y: Y' 0 CIVIL (/, x ' � U No 32001 z i Epp.�FOlSY:I full s r o �F At x S! 3 r z . ,. f• 1 x ;: SCALE. 1 =1 p'• . __ . s , Purpose: Simpllf�eti; Lacensing Plans Aocom. :1, - : g^'petition of: Proposed` Pier; & Rama ,: . Ad�oceri,t Property Owners . , sc,* ,t,: 1 Joan:M Remmes, Tr: Project be . , Robtom :Remmes :Family Trust`_. Mark L &. Carol A B`aker.; To construct and main'ta�n d:pier' .. Westport, MA 02790 P::O B.OX 923 `. and ramp :on .equaquet Lake, Centerville,' MA 02632 Barbara C;: Doherty Centerville, MA 02632 Barnstable county, MA . . 54 Geraldine Lane By Applicants: Mark & Carol Baker Braintree, MA 02,18.4 . Sheet. 2. of 2; Date. May 15, 2009 . ' N ,- . LICENSE N0: I. I I1 I . . Approved :by Department o.f.Environ:mental Protection' . Date - ..I.:�].�-..�.;�..;1.q��'.,,.1�.;1�"�N.�,�;��-,.._:11��:..,�eL.,,,...:.I..�:I z1;..4i:�,�.�7.,."1,,1��.I�L.,.::I,:.�.z:.:I..�,.I.-,::,:�:::..�..:�I,:L,.,:,:.-L-��I�-1 L I.--:L 1.,.:.%'�L�'..�:,1�,'1,11:--]�_,..:,�VI.,:",,��.�t..�.":"V,,1I,I.��,:%�-..�I,.1�,1,,1".,1�I,I,Lj..-,,.''_,:.I�I,,:��,;II�-�,,.;�4 L4�...�.".,�.�..L-�I-�:I:.I'...::..--1.:,.I.1�I-��v.I."'L.I-.,"�t,I.<"L.�'-�:1..,1��I�I':1'-��"�.,.,'L.,'',.�L1 I..�.Ir,;,L.I%,.,:I:_,L,�:,II,:�-,��..,.L..,.:,:,,�I'�,,,.1::",,'.-1".'..,L,.:..'f1:":��'�,L'I:.,'-:.L%�:�..�.�:zi�-�,,,, -q� Pa CEN7ERVILLE P L - U N I , L":..�..LL��..-��'�"-,1;�.�.,-�,,Iv,,L...�LL.I.L..-�1,1�',I rj';�.�.''",",'.P�-.1)�C;,1l1,,,,f.�"5,L,.,....'I�..:��.,%LI;.:,i.11��1L�L..I . o a. . P 3 ^0 EVIE R`: 't �, / G 'SQL Locus I �, 4r� g OVj .' POND . ._ \�, �J' WEQUAQUET .. NYE5 P. � , , P LAKE Eric IL !, F II Cu . 1 �,_ OtNT LONG � �� \. G _,� ,/ 3s POINT `l=ULLER'~: Gr� \V` /X - ,/ POINT . G off'`,, i N' of Mqs (\C� x/,/ // ,;,r LQCU S MAP i' r i / . [ /,/ a � / �/ i z / / �K7 EDWARR L /.4: / / /� c j -y O O C1VtL v�i // ' A f��O r .'.� � �'� ` t��1 / r /.' ' ro ,- ,. G - / S P O . v , ✓ / I `P A �� p ,�/ %p V ,o / g 5 r%O ' ' <. " / GRAPHIC SCALE 9 40 Purpose SirripiIfied Licensing Plans Accompany, g petition of Proposed Pier & sump Adjacent Property Owners Project Description . Joan M. Remm:es, Tr Robtorrm' `Remrnes :Family Trust Mgrk �` & Carof A Baker' To construct .and maintain a pier Westport, MA. 02790 P'.G BoX 923 on ':We ua u ake; and ramp; q q et . : Centerville, MA. 02632, Barbara:C. Doherty Centerville, MA` Q2632• Barnst . _ Canty, - 54 Geraldine Lane, By Applicants Mark & Carol Bilker . Brain-tree, MA 02184 ' . . 15,. 200,9 . Sheet 1 ::of 2'Date. May. . _ .. . .. .. '.. . -. - .. .. .. . _. - i s9, . LICENSE..NO Approved by Department: of Environm.en'tal :Protection Date.' . '� LI . PENTERVILLE >;?� EmEW R i E_OCUS Zvi w ,tr O Cp O WEQU.ALL QUET NYES POND @, Fi' ECK w . ..r • N L. LAKE- LL (x1 q : LEWiS I'1i b.—IIL,11.'I..L.r�'-L h'�.L.Z"V I''—�".:..1':...:,'.I:'I.I II"L'.,.�r I.��1,,.."..�'...�L.,.,rr'...,L 1'I I.�.1:,'Ir.I".L;.-'.r L L'I,'IL I'...�,I,.�..''r io=t,)�.�":00 Z - Y S O(NT LONG O.Z O CD RO1NT f11LLER ,F X CU Q . 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F ;v f Gl a z LL 4— , t Q y ��O F MgSS ' �' EDWARD L C, r g �b PESGE F 8 o CIVIL n x x No 32001 s ` 'q �4,- ,4 AA St ILL '` SGALE. 1"=10' ry :. j Purpase< Simplified Licensing Plans Accornpanying `petition of Proposed Pier & Ramp Adjacent Property Owners 1 'Joan M. Remrnes, Tr Proaect Descnptlon I obtam:;:Rerrimes I amily`TruSt Mark L &' Ccirol A gad@t'_.'y To construct and rnaintam a pier Westport, MA 02794 P..d $:OX ..923 and ramp on Wequaquet Lake, Centerville,;MA "02,52 ::.' . d Barbara C. Doherty Centerville; MA `0 6.3� Barnstable `county, M.. r. I. r. L. L. 54 Geraldine Lane By Applicants: Mark & Carol Baker Braintree, MA 02184 r. Sheet 2 of 2 Datei May.15;.2009 DOCK IS ALL ALUMINUM CONSTRUCTION BY FWM DOCKS 4'X12' INTERCONNECTING SECTIONS AT 48" WIDE END SECTION 6' X 10' 4' RAM - 12 ' 12 12 o TOP & SIDE VIEW: 'l "= 5' 6 r 2" ALUMINUM , TUBING RAMP 12 ' . 12 6 6 WATER - LEVEL ,-�� I 1ELI-i 1 I-I I !-I I = _ LAKE � _► I)-1 I �=1 I I I-I�1=I�(-�==- - FLOOR POLES DRIVEN IN 8,, I TO ANCHOR DOCK i ALUMINUM LEG PADS Town of Barnstable '4�OFtHEtp��O Conservation Commission ;. 200 Main Street sARNSTASLE, Hyannis Massachusetts 02601 9 MASS. g 16g9. 10 ArFD NIO't A Office: 508-862-4093 FAX: 508-778-2412 Attachment to WPA'Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. 131, 440 and § 237-1 to § 237-14 Town of Barnstable Code �. Certification Ongoing ConditionS (continued from page 2) Special condition# 12: There shall be no disturbance of the site, including cutting of vegetation, beyond the work limit. This restriction shall y continue over time. Note: The hot tub shall be drained into one of the existing drywells that also service roof runoff. It shall not be drained over the slope toward the wetland. r Special condition# 18: Herbicide, pesticide and fertilizer use is discouraged on lawns within Conservation Commission jurisdiction. If fertilizer is used, only slow-release, low-phosphorus fertilizer shall be applied. Over-fertilizing shall be avoided. Note: A buffer of native shrubs, at least six (6) feet in width, shall be maintained along and landward of- the top of slope. Note: Yardwaste and grass 'clippings shall be disposed' of at an appropriate upland site. They shall not be disposed of over the slope that leads down to the wetland. Issued To: Baker DEP File Number: SE3-4205 Page 4 DARNSTABLE REGISTRY OF DEEDS Massachusetts Department of Environmental Protection , " Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance : BAMSTABM SE3-4205 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 94'°rE ,�•� Provided by DEP and § 237-1 to § 237-14 Town of Barnstable Code A. Project Information Important: �IL :1L: F" r �=a When fillip out 1. This Certificate of Compliance is issued to: 16 forms the Mark& Carol Baker' computer, r, use Name only the tab key to move c/o Pesce Engineering &Associates your cursor- Mailing Address do not use the Plymouth MA 02360 return key. City/Town State Zip Code 2. This Certificate of Comoliance is issued for work regulated by a final Order of Conditions issued to:' Mark&Carol Baker Name DEC 4, 2003 SE3-4205 Dated DEP File Number 3. The project site is located at: 521 Shootflying Hill Road Centerville Street Address Village 193 049 Assessors Map Number Assessors Parcel Number the final Order of Condition was recorded at the Barnstable County Registry of Deeds for: , Property Owner(if different) Barnstable 17998 100 ' County Book Page Document Certificate Lot # Plan# 4. A site inspection was made on: NOV 5, 2007 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑. Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: WPA Form 8B Page 1 of 3 Rev.02/00 Town of Barnstable Rev.11/15/05 7 Massachusetts Department of Environmental Protection WE Bureau of Resource Protection - Wetlands ti DEP File Number: =: WPA Form 8B — Certificate of Compliance SE3-4205 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 9`b�F a�� Provided by DEP and § 237-1 to § 237-14 Town of Barnstable Code, B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing anew Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Special Condition Numbers: see attached page 4 C. Authorization Issued by: V Town of Barnstable / 61a g Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the. applicant and appropriate DEP Regional Office(See Appendix A). , e !J11 1� tiS'y JR; 5 J Signatures: R k0VNAAAW A i On r Of 6 r �t�V Day Month and Year before me personally appeared to me known to be the person descri ed in and who executed the foregoing instrument and acknowledged that he/she executed the same as r fr4act, d deed. NotarMy commission expires WPA Form SB Page 2 of 3 Rev.02/00 Town of Barnstable Rev.11/15/05 Bk 22973 Ps 14a_a C-311.6u8 06-1< 1L-2 ao 8 a e 02 a 11 31:3, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L11 and § 237-1 to § 237-14 Town of Barnstable Code A. General Information Important: Barnstable When filling 1. From: Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. El Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Mark and Carol . Baker use the return a.First Name b. Last Name key. c.Organization r� P.O. Box 923 d.Mailing Address Centerville MA 02632 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name �11KE rqy c.Organization snxxsree y d. Mailing Address MASS. 1639. 10� ��EDMA�A e.City/Town f.State g.Zip Code 5. Project Location: 522 Shootflying Hill Road Centerville a.Street Address b.Village 193 028 c.Assessors Map Number d.Assessors Parcel Number Latitude and Longitude, if known: e.Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Barnstable a.County b.Certificate Number(if registered land)/Plan/Lot# 24 17620 c.Book d. Page JUlYN �oOQ May 9, 2008 May 27, 2008 U 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan a.Plan Title Pesce Engineering &Associates, Inc. Edward L. Pesce, P.E. b.Prepared By c.Signed and Stamped by May 7, 2008 1 = 30' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date wpaform5.doc• rev.2/27/08 Barnstable revised 4/11/2008 Page 1 of 10 Massachusetts Department of Environmental Protection MassDEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ❑ Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. El Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ❑ Storm Damage Prevention i. ❑ Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the'Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order.of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area ' Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet C.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet none 6. ® Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways none e.c/y dredged f.c/y dredged wpaform5.doc• rev.2/27/08. Barnstable revised 4/11/2008 Page 2 of 10 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Rlverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square,feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below. 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ® Land Subject to Coastal none Storm Flowage a.square feet b.square feet wpaform5.doc• rev.2/27/08 Barnstable revised 4/11/2008 Page 3 of 10 - Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands MassDEP File Number. 1 WPA Form 5 - f Order e o Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an.appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE3-4735 wpaform5.doc rev.2/27/08 Barnstable revised 4/11/2008 Page 4 of 10 71Massachusetts Department of Environmental Protection , Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the _ Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 11. Upon completion of the work described herein; the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. .16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. The work associated with this Order is (1)❑ is not(2)❑ subject to the Massachusetts Stormwater Policy Standards. If the work is subject to the Stormwater Policy, the following conditions apply to this work and are incorporated into this Order: a) No work, including site preparation, land disturbance, construction and redevelopment, shall commence unless and until the construction period pollution prevention and erosion and sedimentation control plan required by Stormwater Standard 8 is approved in writing by the issuing authority. Until the site is fully stabilized, construction period erosion; sedimentation and pollution control measures and best management practices (BMPs)'shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan, and if applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System Construction General Permit. wpaform5.doc rev.2/27/08 Barnstable revised 4/11/2008 Page 5 of 10 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post-construction stormwater BMPs until written approval is received from the issuing authority. To request written approval, the following must be submitted: illicit discharge compliance statement required by Stormwater Standard 10 and as-built plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all construction period stormwater BMPs and any illicit discharges to the stormwater management system have been removed; and all post-construction stormwater BMPs were installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure they are not damaged and will function properly. c) Prior to requesting a Certificate of Compliance, the responsible party(defined in General Condition 18(e))shall submit to the issuing authority an Operation and Maintenance (O & M) Compliance Statement for the Stormwater BMPs. This Statement shall identify the responsible party for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible parties shall be notified in writing of their continuing legal responsibility to operate and maintain the stormwater management BMPs and implement the Pollution Prevention Plan;and 2. The Operation and Maintenance Plan for the stormwater BMPs is complete and will be implemented upon receipt of the Certificate." d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the issuing authority shall presume that the responsible party for maintaining each BMP is the landowner of the property on which the BMP is located. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement acceptable to the issuing authority evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and the Massachusetts Stormwater Handbook. g) ,The responsible party shall: 1. Maintain an operation and maintenance log for the last three years including inspections, repairs, replacement and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. 'Make.this log available to MassDEP and the Conservation Commission upon request; and 3. Allow members and agents of the MassDEP and the Conservation Commission to enter and inspect the premises to evaluate and ensure that the responsible party complies with the Operation and Maintenance requirements for each BMP set forth in the Operations and Maintenance Plan approved by the issuing authority. h) All sediments or other contaminants removed from stormwater BMPs shall be disposed of in I accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. wpafonn5.doc• rev.2/27/08 Barnstable revised 4/11/2008 Page 6 of 10 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions sE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40, and § 237-1 to § 237-14 Town of Barnstable Code C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) j) The stormwater management system approved in the Final Order of Conditions shall not be changed without the prior written approval of the issuing authority. Areas designated as qualifying pervious areas for purpose of the Low Impact Site Design Credit shall not be altered without the prior written approval of the issuing authority. k) Access for maintenance of stormwater BMPs shall not be obstructed or blocked. Any fencing constructed around stormwater BMPs shall include access gates. Fence(s).,shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Barnstable hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: §237-1 to §237-14 Town of Barnstable Code 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: §237-1 to§237-14 Town of Barnstable Code 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See pp. 7.1 and 7.2 wpaform5.doc• rev.2/27/08 Barnstable revised 4/11/2008 Page 7 of 10 SE3-4735 Name: Mark&Carol Baker Approved Plan= May 7, 2008 Site Plan by Edward L. Pesce, P.E.- Special Conditions of Approval I. Preface Caution: Failure to comply with all Conditions of this Order of Conditions can have serious consequences. The consequence may include issuance of a stop work order,fines,requirement to remove unpermitted structures,requirement to re-landscape to original condition,inability to obtain a certificate of compliance, and more. The General Conditions of this Order begin on page 4 and continue on pages 5 through 7. The Special Conditions are contained on pages 7.1,7.2 and 7.3 if necessary.All conditions require your compliance. II. Prior to the start of work,the following conditions shall be satisfied: 1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein,General Condition number 8 (recording requirement)on page 4 shall be complied with. 2. It is the responsibility of the.applicant,the owner and/or successor(s)and the project contractors to ensure that all conditions of this Order are complied with. The applicant shall provide copies of the Order of Conditions and approved plans(and any approved revisions thereof)to project contractors prior to the start of work. Barnstable Conservation Commission Forms A and B shall be completed and returned to the Commission prior to the start of work. 3. General Condition 9 on page 4(sign requirement)shall be complied with. 4. The Conservation Commission shall receive written notice one(1)week in advance of the start of work. 5. The applicant shall obtain a building permit for the proposed pier from the Town Building Commissioner. III. The.following additional conditions shall govern the project once work begins: 6. The Conservation Commission, its employees,and its agents shall have a right of entry to inspect for _compliance with the provisions of this Order of Conditions. 7. This permit is valid for three(3)years from the date of issuance of the original Order of Conditions, unless extended by the Commission at the request of the applicant. Caution: a future Amended Order does not change the expiration date. Page 7.1 8. The seasonal storage of pier components shall be at a suitable upland site. The following special conditions in italics shall govern boat use at the approved pier. These conditions shall continue over time. Note: For purposes of this Order of Conditions,the term"pier" shall refer not only to the linear pile-supported structure,but also to any of its components or appendages such as the float(s),ell,tee,ramp,outhaul piling,etc. 9. Motorized boats shall only be berthed at the ell. 10. The pier shall be only seasonally deployed: out by November I",not in before April ls` 11. Any desired pier lighting shall receive prior approval of the Conservation Commission. IV. After all work is completed,the following condition shall be promptly met: 12. At the completion of work,or by the expiration of this Order,the applicant shall request in writing a Certificate of Compliance for the work herein permitted. Barnstable Conservation Commission Form C shall be completed and returned with the request for a Certificate of Compliance Where a project has been completed in accordance with plans stamped by a registered professional engineer,architect,landscape architect or land surveyor,a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation,if any,exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance. Page 7.2 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions SE3 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code E: Issuance This Order is valid for three years, unless otherwise specified as a special JUN 112008 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures' Notary Acknowledgement Commonwealth of Massachusetts County of Barnstable {% T eZ 10 .J .�fw M y On this Day of Month Year Before me, the undersigned.Notary Public, ��n„^,a \A3" personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Barnstable Conservation Commission City/Town +A iwe% �•, fir .. ,,��'� Signature of Notary Public .{ ` Q�r.`, 2ob tr�v.r �' 4.,\`��.►oo i ''•,,,�� ,,,'' Printed Name of Notary Public o ff Place notary seal and/or any stamp above 7ZA-7 My Commissio Expires(Date) This Order is issued to the applicant as follo ® by hand delivery on ❑ by certified mail, return receipt requested,on lv i 05, A Date Name Signature Signature7 Date wpaform5.doc• rev.2/27/08 Bamstable revised 4/11/2008 Page 8 of 10 r LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 3.10 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.2/27/08 Barnstable revised 4/11/2008 Page 9 of 10 BARNSTABLE REUTRY OF DEEDS I w w3 " COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 DEVAL L.PATRICK IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY LAURIE BURT Lieutenant Governor Commissioner AUG 05 Mark&Carol Baker P.O. Box 923 Centerville,MA 02632 RE: Waterways Application W09-2721/License No.12531 Wequaquet Lake,(Centerville)Barnstable,Barnstable County Dear Sir/Madam: / The Department of Environmental Protection has approved the referenced license. Upon receipt of a check in the amount of$309.00 made payable to the Department of Environmental Protection,we will continue to process your license application. The check should be mailed to Commonwealth of Massachusetts DEP P.O. Box 4062 Boston MA 02211. Please attach the enclosed fee payment form letter to your check. Failure to do so will result in a delay processing your license. The charges assessed for this license are as follows: Tidewater Displacement (at the rate of$2.00 per cubic yard) 0 cubic yards = $0.00 Great Pond Occupied (at the rate of$1.00/sq yd x years of term of license) 20.6 square yards x 15 years = $309.00 Total $309.00 This charge is assessed under the provisions of Sections 21 and 22 of Chapter 91 of the Massachusetts General Laws. If you have any questions please contact Mitch Ziencina at(508)946-2734. Sincerely, Vizabetla' uloheras,Program Chief Wetlands and Waterways Program Cc: File Copy This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD#866-539-7622 or 617-574-6868. DEP on the World Wide Web: http://www.mass.gov/dep Co Printed on Recycled Paper Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 RE: Payment of fees for Waterways License No. 12531 Application No. W09-2721, Transmittal #X228241 Dear Sir: Enclosed is the required fee for the referenced license. Sincerely, • Please send payment to the above address, indicate License and Transmittal Nos. on check. + RARNSTABLE, �,� M39-eel ,0 \LI 23 TE'DMP� i�l:s:. Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2008-051 - Baker Section 240-44 Accessory Uses by Special Permit To install and use a seasonal dock on an accessory lot across from the principal lot it serves. Summery: Granted with Conditions: Petitioner: Mark L. Baker and Carol A. Baker Zoning: Residence D-1 Zoning District Accessory Use Address: 522 Shootflying Hill Road, Centerville, MA Assessor's Map/Parcel: Map 193 Parcel 028 Principal Use.Address: 521 Shootflying Hill Road, Centerville, MA ` Assessor's Map/Parcel: Map 193 Parcel 049 Relief Requested and Background: In this appeal, the petitioner is seeking a special permit to develop a seasonal dock for boat access to Wequaquet Lake to be used as accessory to their residence. The accessory lot is addressed 522 Shootflying Hill Road, and the principal, residential lot it serves,is addressed 521 Shootflying Hill Road, Centerville. The accessory lot is an 8,100 sq.ft. parcel fronting on Shootflying Hill Road. Directly across the road ' is the principal lot. That lot consists of 22,907 sq.ft. and has frontage of 240.41 feet on Shootflying Hill Road. The principal lot is developed with a 3,743 sq.ft., four-bedroom, single-family dwelling . built in 1978. The accessory lot is vacant except for an existing stairway to a small beach area. The petitioner is seeking this permit pursuant to Section 240-44 Accessory Uses by Special Permit, to 9 allow for the construction and use of the dock on the accessory lot. The proposed dock is to be 4 feet wide by 40 feet long and include a 6 by 10 foot float at the end. The float will sit in approximately 2.5 feet of water. Section 240-44.A provides for the issuance of a special permit for accessory uses on accessory lots provided the lots are immediately opposite and across the roadway and both lots are in identical ownership. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office.of the Zoning Board of Appeals on June 13, 2008. A public hearing before the Zoning Board of Appeals was duly advertised for August 6, 2008 and notice.sent to all abutters in accordance with MGL Chapter 40A.. The hearing'was then moved to September 10, 2008 due to a lack of quorum. At that time it was opened, the public hearing was held, and the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were, William H. Newton, Michael P. Hersey, Craig G. Larson,James F. McGillen, and Chair, Laura F. Shufelt. ,n of Barnstable-Zoning Board of Appeals-Decision and Notice ,ecial Permit No.2008-051 —Baker-Section 240-44 Accessory Uses by Special Permit The petitioner, Mark L. Baker and Carol A. Baker represented themselves at the hearing. Mr. Baker noted that they were before the Board seeking the special permit to allow for the installation and use of their accessory lot for a seasonal pier. He explained that it is a small dock for docking their pontoon boat. He noted that an Order of Conditions from the Conservation Commission had been issued and the dock is for seasonal purposes only and will be deployed only during the boating season. He noted that the accessory lot is directly across Shootflying Hill Road from the principal lot on which their home is located. The lots have transferred within the same deed and therefore both are held in the exact same name. They will maintain the two lots on the same deed; therefore, in the same ownership. He stated that the use of the dock is for his enjoyment and will not be used for any business venture. It shall be strictly accessory. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of September 10, 2008, the Board unanimously made the following findings of fact: 1. Appeal No. 2008-051 is that of Mark L. Baker and Carol A. Baker for an accessory lot addressed as 522 Shootflying Hill Road, Centerville, MA and is shown on Assessor's Map 193 as Parcel 028 and their principal residential lot addressed as 521 Shootflying Hill Road, Centerville, MA as shown on Assessor's Map 193 as Parcel 049. They have petitioned for a Special Permit pursuant to Section 240-44.A, seeking to install a seasonal dock on the accessory lot to be used for boat access to Wequaquet Lake. 2. The lots are immediately opposite and across.Shootflying Hill Road from each other and both lots are in the petitioners name by deed. In fact both lots are on single deed issued for the.property recorded in the Barnstable Registry-of Deeds in Book ,17620, page 24 on September 10, 2003. 3. . Both lots are in the Residential D-1 Zoning District and the only permitted use is that of one single-: family dwelling and its accessory uses. The requested use of the accessory lot for a seasonal boat dock is incidental and a customary accessory use to a residence with waterfront access. The accessory lot will be kept in the same name as the principal lot anal use it serves and therefore is subordinate to the principal residential use. - 4. The application falls within the provisions of Section 240-44.A for the grant of the special permit and after evaluation of the evidence including, but not limited to; the Order of Conditions by the Conservation Commission, the testimony by the applicant that it will be for his personal enjoyment and use, and that the two lots will be maintained in the same ownership, this proposal fulfills the spirit and intent of the zoning ordinance and will not represent a substantial detriment to the public or neighborhood affected. Decision: Based on the findings of fact, a motion was duly`made and seconded to grant Special Permit No. 2008-051 for the improvement and use of 522 Shootflying Hill Road, Centerville, MA, as accessory to the principal single-family dwelling lot located at 521 Shootflying Hill.Road, Centerville, MA, subject to the following conditions and restrictions. 2 n of Barnstable-Zoning Board of Appeals-Decision and Notice ecial Permit No.2008-051 —Baker-Section 240-44 Accessory Uses by Special Permit l 1. Both lots are to be maintained in identical ownership and within the same deed. This permit shall be recorded with reference to the existing deed for the lots. A copy of the recorded document shall be submitted to the Zoning Board of Appeals office and Building Division prior to issuance of any building permit for the dock and within one year from the grant of this permit. 2. The improvement authorized for the accessory lot is the development of a seasonal pier as per plans approved by the Conservation Commission. A copy has been submitted to the file and is entitled; "Proposed Pier & Ramp located at 522 Shootflying Hill Road Centerville, MA 02632 prepared for Mark & Carol Baker" as drawn by Pesce Engineering & Associates dated May 7 2008. 3. Use of the accessory lot is limited to that of water access for boating and customary activities associated with private residential docks. It shall not to be used for any commercial activities nor .shall it be rented, leased, transferred or used separately from the principal residential lot it serves. 4. All construction shall adhere to the Orders of Conditions issued by the Conservation Commission and the lot maintained as per that plan submitted. 5. The owners of the lot shall be responsible for maintaining the lot in a clean and appropriate manner fitting to the residential setting it is located in. No permanent night lighting shall be permitted on the lot or stairway. 6: No parking of vehicles shall be permitted on the accessory lot.except for loading and unloading. The vote was as follows: AYE: William H. Newton, Michael P. Hersey, Craig G. Larson, James F. McGillen, Laura F. Shufelt. NAY: None Ordered: Accessory Use Special Permit No. 2008-051 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty.(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. 7- Sbak�r Laura F. Shufelt Chair Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massoc tU certifythat twenty (20) days have elapsed since the Zoning Board of Appeals filed i• h' Y p g pp , ��. that no appeal of the decision as been filed.An the office of the Town Clerk. ir% �w� ; Signed and sealed this day of O tender the pains and jqn, 19" Pinda Hutchenri er, Town 6erk 3 Bk 22973 P:9 1 4 0 �31 688 0 6,--1 1--2 0 0 8 arf 0 2 = 13 iD Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands nnassDEP File Number: WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code A. General Information - Important: Barnstable From: -----_. _« —_ ------- _----------=--, ...__ When filling Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. ®. Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: D move your off'► cursor-do not Mark and Carol Baker a� use the return a F. irst Name b.Last Name key. c.Organization , P.O. Box 923 d. Mailing Address Centerville MA 02632 e.City/Town f.State" g Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name p4 c.Organization &•ABL ; d. Mailing Address MA93 039. FpM►1" e.City/Town f.State g.Zip Code 5. Project Location: ��„ ;:� Shootflin�Hlll -.".'�-"` ." "".�"' -- Y=T_ _Road - _ Centerville a.Street Address b.Village ~ 193 028 c-Assessors Map Number d.Assessors Parcel Number Latitude and Longitude, if known: ------------__ e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if,more than one parcel): Barnstable a.County b.Certificate Number(if registered land)/Plan/Lot# 24 17620 —^- JUN 1 1 2008 c. Book d. Page Ma9, 2008 May 27, 2008 7. Dates.: - --------_. .. ...._ .__ _.. _. a.Date Notice of Intent Filed b.Date Public Hearing Closed, c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan ` a.Plan Title Pesce Enn i_neerinq &Associates, Inc. Edward L. Pesce, P.E. b.Prepared By c.Signed and Stamped by May 7, 2008 V 30' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date - _ wpalonn5.doc• rev.2/27/08 , - Barnstable revised 4/11/2008 Page 1 of 10 �. �� Massachusetts Department or erwna Massutr rue rvuttwc . Bureau of Resource Protection - Wetlands WPA Form 5 - Ordeu-:of Conditions SE3- 47.35. Ll I Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and � 237-1 tc 237_14 Town of Barnstable Code B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: on the provided Following the review of the a Notice bove-referenced hearing,th•s Intent Comm Commission finds that the areas n which in this application and presented at the public work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply= ❑ b. ❑ Land Containing Shellfish c. ❑ Prevention of Pollution Public Water Supply ' f. ❑ Protection of Wildlife d ❑ Private Water Supply e. ® Fisheries Habitat �, ❑ Groundwater Supply h. ❑ Storm Damage Prevention i. ❑ Flood Control 2 This Commission hereby finds the project,as proposed,is: (check one of.the following boxes) Approved subject to: the following conditions which are necessary in accordance with the performance standards set, forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: r,. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) i. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and .- _,.,._ wetland boundary (if available) a.linear feet Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement -- ---- ---._ :...___ ---------— --.. .. - ._..... 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet none . 6. '� Land Under Waterbodies a.square feet b.square feet c.square feet d square feet and Waterways none __........ e.cly dredged f.cfy dredged - 7t ii8 RamstaMe revised 4/11/2008 - Paq-;i nl nl Massachusetts Department of r-nvirorn11Ciltal f 1%RIAP ' MassDEP File Number: Bureau of Resource Protection- Wetlands SE3- 4735 - Ll IWPA Form 5 — Order of Conditions - - Massachusetts Wetlands Protection Actable Code131, §40 and 237'1 to_ 237-14 Town of Barnstable B. Findings (cont.) . Proposed Permitted. Proposed Permitted Resource Area Alteration Alteration Replacement Replacement / (_] Bordering Land __..._...._.._.._.__-_..__.. Subject to Flooding a. square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage a cubic feet f.cubic feet g.cubic feet h.cubic teet ,1 r7 Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet.Flood Storage c.cubic,feet d.cubic feet e.cubic feet t.cubic feet u [ River-front area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet q square feet h S ft between 100200 ft g qu.- - .square feet is square feet j.square leer Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10 ❑ Designated Port Areas Indicate size under Land Under the Ocean, below I 1 Land Under the Ocean a;square feet b_square feet -c.c/y dredged--- d.cly dredged " �2 ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13 ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt_ d.c/y nourishmt 14 �� Coastal Dunes a.square feet! b.square feet c.c/y nourishrt, d.c/y nourishmt. 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17 ❑ Salt Marshes -- —= ..- - --- --- ------..._ a.square feet b.square feet c.square feet d.square feet Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged ty. ❑ Land Containing --- -- - ---Shellfish'. ". a.square feet b.square feet c.square feet d square feet to ❑ Fish Runs. Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21 Land Subject to Coastal none ;_ _ -_- Storm Flowage, a.square feet b:square feet, . Bamstable revised 4/11/2008 - i':v i of Iri f Massachusetts uepar>zmeM ull M,_11 IV I I I.011 IN I -�• • ----- ass 1 Bureau of Resource Protection - Wetlands sE3- 4735 WPA Form 5 - Order of Conditions i Ll 1 .. Massachusetts Wetlands Protection Act M.G.L. c. 13 , 40§ and 237-1 to 237-14 Town of Barnstable Code —Wetlands Protection Act C. General Conditions Under Massachusetts We _ (only applicable to approved projects) t. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2, The Order does not grant any property rights or any exclusiveprivileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: - a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than.five years,from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 8. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash:refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles,or parts of any of the.foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8 No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to . be done. In the case of the registered land,the Final Order shall also be noted on the Land Court 4 Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9, A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" (or, "MassDEP"I } "File Number SE3-4735 " N a Barnstable revised 4/11/2008 Paq.ea0 16 Massachusetts uepar><meni UI Lml IV it%ON••• Massutr rlite t,lull tu- LlBureau of Resource Protection - Wetlands WPA Form 5 Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and 237-1 to 237-141Town of Barnstable Code ------" C. General Conditions Under (Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 11. Upon completion of,the work described herein,the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order: 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be,maintained in good repair until all-disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit,of work unless another limit of work line has been approved by this Order. 18. The work associated with this Order is(1)❑ is not(2)❑ subject to the Massachusetts . Stormwater Policy Standards. If the work Is subject to the Stormwater Policy,the.following . conditions apply to this work and are incorporated into this Order: a) No work, including site preparation, land disturbance, construction and redevelopment, shall commence unless and until the construction period pollution prevention and erosion and sedimentation control plan required by Stormwater Standard 8 is approved in writing by the issuing authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution control measures and best management practices,(BMPs)shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan, and if applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System Construction General Permit. wa;w,il- r; 7; ?A)A Barnstable revised4ltt/2008 Pane>nl t0 Ll! Massachusetts Department of tnvt!ronmentai 11-11 ULU% 1U1I MassDEP File Number: Bureau of Resource Protection -:Wetlands WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and F4 237-1 to 237-14 Town of-Barnstable Code C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post-construction stormwater BMPs until written approval is received from the issuing authority. To request written approval, the following must be submitted: illicit discharge compliance statement required by Stormwater Standard 10 and as-built plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all construction period stormwater BMPs and any illicit discharges to the stormwater management system have been removed; and all post-construction stormwater BMPs were installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure they are not damaged and will function properly. c) Prior to requesting a Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall submit to the issuing authority an Operation and Maintenance (0&M) Compliance Statement for the Stormwater BMPs. This Statement shall identify the responsible party for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible parties shall be notified in writing of their continuing legal responsibility to operate and maintain the stormwater management BMPs and implement the Pollution Prevention Plan; and 2. The Operation and Maintenance Plan for the stormwater BMPs is complete and will be implemented upon receipt of the Certificate." d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the issuing authority shall presume that the responsible party for maintaining each BMP is the landowner of the property on which the BMP is located. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement acceptable to the issuing authority evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation.and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three years including inspections, repairs, replacement and disposal (for disposal the log shall indicate the type of material and the disposal location); 2- Make this log available to MassDEP and the Conservation Commission upon request; and 3. Allow members and agents of the MassDEP and the Conservation Commission to enter and inspect the premises to evaluate and ensure that the responsible party complies with the Operation and Maintenance requirements for each BMP set forth in the Operations and Maintenance Plan approved by the issuing authority. h) All sediments or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and,regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. 4.. r %t,i1R 9amstahle revised4/M2O08 ('nye h 110 LlMassachusetts uepartmvnL V1 L-IIVI-%.#I ----- - Massutr me lvulnutl. j Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions SE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and 237-1 to- 237-14 Town of Barnstable Code — _ --- C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) j) The stormwater management system approved in the Final Order of Conditions shall not be changed without the prior written approval of the issuing authority. Areas designated as qualifying pervious areas for purpose of the Low Impact Site Design Credit shall not be altered without the prior written approval of the issuing authority. k) Access for maintenance of stormwater BMPs shall not be obstructed or blocked. Any fencing constructed around stormwater BMPs shall include access gates. Fence(s)shall,be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): D. Findings Under Municipal Wetlands Bylaw or Ordinance 1, Is a municipal wetlands bylaw or ordinance applicable? • M 'Yes ❑ No The Barnstable _ _ hereby finds(check one that applies):. Conservation Commission al that the proposed work cannot be conditioned to meet the standards set forth in a municipal' ordinance or bylaw specifically: § o § 237-14 Town of Barnstable Code __ _ 23 - -- 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. n. M that the following additional conditions are necessary to comply with a municipal ordinance or bylaw- y 237-1 to 4 237 14 Town of Barnstable Code 1-Municipal Ordinance or Bylaw 2.Citation l The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of IntentL referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent;the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See pp.-7.1 and 7.2 .. trn Barnstable revised 401/2008 f aGa T i,L VI SI-3-4735 Name: ,lark K Carol Baker Approved Plan = May 7, 2008 Site"Plan by Edward [ . Pesce, P.F;. Special Conditions of Approval I, Preface t'autiou: Failure to comply with all Conditions of this Order of.Couditions can have serious consequences. I'hc consequence: may include issuance of a stop work order,fines,requirement to remove unpermitted oructures, requirement to re-landscape to original condition,inability to obtain a certificate of-complianee, and more. I'hc t:.cneral Conditions of this Order begin on page 4 and continue on pages 5 through 7. The Special ('onditions are contained on.pages 7.1,7.2 and 7.3 if necessary.All conditions require your compliance. t1. s Prior to the start of work, the following conditions shall be satisfied: t W irliin one month of receipt of this Order of Conditions and prior to the commencement of any work tp�rc,ved herein,General Condition number 8 (recording requirement)on page 4 shall be complied with. h is the responsibility Lif the applicant,the owner and/or successor(s)and the project contractors to ensure that all conditions of this Order are complied with. The applicant shall provide copies ol'the Order of t'cnrlitioris and approved plans(and any approved revisions thereof)to project contractors prior to the start (,i work. Barnstahle Conservation Commission Forms A and B shall be completed and returned to the Commission prior to the start_of work. General Condition 9 on page 4(sign requirement)shall be complied with. 1. I`he Conservation Commission shall receive written notice one(1)week-in advance of the start of work. ti fhe applicant shrill obtain a building permit for the proposed pier from the Town Building Commissioner. III. The following additional conditions shall govern the project once work begins: n. I`he Conservation Commission, its employees,and its agents shall have a right of entry to inspect for cortipliance with the pro visions.of this Order of Conditions. Phis permit is valid for three(3)years from the hate of issuance of the original Order of Conditions, unless extended by the C_'omniission at the request of the applicant. Caution: a future Amended Order hoes not rhanl;e the expiration date. Page 7.1 seasonal torage oft)er components shall be at a suitable upland site. • I he following special conditions in italic's shall govern boat use at the approved pier. These' conditions shall continue over time. Note:. For purposes of this Order of Conditions,the term "pier shall refer not only to the linear pile-supported structure,but also to any of its components or appendages such as the tloat(s);ell,tee, ramp,outhaul piling,etc. bmwi_e:d boats shall only bi-,berthed at the ell. I it The pier shall be only seasonally deployed: out by November I",not in before April IS'. 1 Aliv desired pier lighting shall receive prior approval of the Conservation Commission_ ;After all work is completed,the following condition shall be promptly met: I ' Al the completion of work, or by the expiration of this Order,the applicant shall request in writing a (',;riiiicate of,Compliancee for the work herein permitted. Barnstable Conservation Commission I orm C �I�..i_ll he con �lete_d<�ncJ reiurned with the request for a Certificate of C'omyliance_ Where a project has been rurupleted in accordance with plans stamped by a registered professional engineer,architect, landscape u chitcct or.land surveyor,a written statement by such a professional person certifying substantial Ci,rupliai,ce with tl.ic plans and setting forth what deviation, if any,exists with the record Mans approved in ihc. Order~hall ncconipany,the request for a Certificate of Compliance. Page 7.2 � Massachusetts Uepartment oi r-itivil�� ••••• —'" MassULV rue Ivuwnuel. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions sE3- 4735 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and § 237-1 to § 237-14 Town of Barnstable Code _---- -E. Issuance 1 2008 Fhis Order is valid for three years, unless otherwise specified as a special i.-oa�U�Ns lance condition pursuant to General Conditions#4,from the date of issuance. Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number of signers" The Order must be mailed by certified mail (return receipt requested)orhand delivered to the t of applicant. A copy also must be mailed or hand delivered at the same time to the appropriate De p Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures, Notary Acknowledgement Barnstable Commonwealth of Massachusetts County of -- - 10... �.��.__- _gym_?' On this -- -- of Month Year Day — Before me, the undersigned Notary Public, v�_ personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Description of evidence oFidentification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Barnstable__ _____ Conservation Commission As member of CitylTown Y. rAN rz ' y --- — ... .. ........ '•4 •o^��. ti Signature of Notary Public Printed Name of Not e�oo 1 nn ,, ary Public ?lay Place notary seal and/or any stamp above -- - - -- , '• My Commissio Expires(Date), This Order is issued to the applicant as follo . ® by hand delivery on 0 by certified mail,`return receipt requested,on Date Name Signa ure Date .,.. , a . . ::n.it,, _ Harnstahle.revise(I Z111200H 1fJ ^. LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 5 - Order of Conditions SE3 4735 i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and 237-1 to 237-14 Town of Barnstable Code F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and liow the Order does not contribute to.the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. e • Barnstable revised 401/2008 _ - I'•'i' � 8ARwo ll-W,E REMSTRY OF DEEDS } • r Mark & Carol er MAY,2 �," °521 Shootflying Hil d9�ggRN Centerville, MA 02632 STABLE 508-362-2445 V12/09 N Building Commission Zoning Board 200 Main St. Hyannis,MA 02601 7.1 Re: Chapter 91 license for residential dock 'Dear Thomas Perry, Enclosed herewith please find a copy of'the'application with plan for residential 'J dock at 522 Shootflying Hill Road, Centerville,MA. -This application serves as notice as required by the Mass DEP. ' z V90 truly yours, ' - r Carol and Mark Baker w Enclosures r .. IWIIIF y . qhe ommonweailth O W assachusetts C f No. iVlassDEP 11 5E UIILY SIMPLIFIED LICENSE BRP W W06 Applicant must fill in pages and 2 of this license. ToWif- in: County�r_•�__�Q.O�l� Applicant's name Town/City County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simplified License to: Please check: ❑ maintain an existing (pre-1984): ®construct a proposed or maintain an existing (post-1984): Please check all that apply below: Please check all that apply below: ❑ pier/dock (pier/dock ❑ boat ramp ❑ ramp ❑ ramp El float(s) ❑ pile(s) ❑ pile(s) ❑ boat lift ❑ boat lift ❑ pile-supported boat house' ❑boat house ❑ other ❑ retaining wall/seawall ❑ bulkhead ❑ rip rap/stone.revetment ❑ groin(s) ❑ Nonwater-dependent(NWD) residence- ❑ other and has submitted plans of the same- and whereas due notice of said application has been given, as required by law,to the Please check one.-] D<Board of Selectmen ❑ Mayor and City Council, of the Town/City of: Town/Cily NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses said Licensee, subject to the provisions of the ninety-first chapter of the General Laws,and of all laws which are or may be in force applicable thereto, to: Please check all that apply: Please check all that apply: ❑ maintain existing structure(s)for: ® construct and maintain structure(s)for. ❑ non commercial docking/access to navigable water non commercial docking/access to navigable water ❑ shoreline stabilization ❑other ❑ residential, NWD building ❑other La. in and over.the waters of: m the Town/City of: Wate Town/City nv details indicated on the accompanying License Sketch Plan No.�MassDEt' the locations shown and d and in accordance with USE OiYt Y (total number of Sheet(s) FUR MassDEP US, ONLY ) - 8 License 4'DEP»sE orRY Page 2 The total area of the combined structures, measured below mean/ordinary high water shall be no greater than a total of 600 square feet for proposed water-dependent structures, or for structures built or substantially altered after January 1, 1984 without any fill. For structures or fill constructed prior to January 1, 1984 and not substantially altered since that date: any structures and fill, either water-dependent or nonwater-dependent, total no more than 600 square feet. In both instances structure is not a marina (i.e. does not serve ten or more vessels). Dimensions of all structures are shown on the accompanying plan(s). "I hereby make application for a License to authorize the activities I have described herein. Upon my signature, I agree to allow the duly authorized representative of the Massachusetts Department of Environmental Protection to enter upon the premises of the project site at reasonable times for the purpose of inspection. I hereby certify that the information submitted in this document is true and accurate to the best of my knowledge. And, upon my signature, that I have read the License and conditions and agree to the terms and conditions set forth herein. BOX Print NameName Mailing Address Cityfrown(not village) State Zip Code County Sad-3�-_�4g5---- ---=----..----- —� b-- ke±-�Qe (area code)telephone Notification: Your signature to the right certifies thatTYA S 0q you have notified the entities as checked off in the -- - - boxes below. Signature plicant Dra e Notification of applicationV/ Selectman Mayor and C1 Co ncil has been provided to:(please �Local Conservation Commission Board of ❑ Y Y check) 19 Zoning.Authority Planning Board . and has been sent by certified mail to:(please check) D<Abutters ❑Interested Parties ❑Landowner(if not applicant) BOX B: If site address is different from mailing address: S�'l OO_� � Site Address of the structures �n �'��1 _------ ------ ----------- - -- -- - -- - --- ---- Cityfrown State Zip Code County BOX C: If the applicant is different than the owner: Owner Engineer/Agent NOTE: This License is not valid until such time as it has been numbered and signed by the appropriate State officials (see page 5) and recorded at the Registry of Deeds. Page 3 License#DEP USE QNLY: USE: The structures authorized herein shall be for private non-commercial use of the licensee. The structures shall not be used for commercial purposes, leased, rented or otherwise let for compensation. Any change in use shall require an amendment to this license by the Department. The structures authorized herein shall be limited to the following uses: noncommercial docking and boating access to navigable waters. TERM: This License will expire fifteen (15) years from the date of License issuance. By written request of the Licensee for an amendment, the Department may grant a renewal for the term of years not to exceed that authorized in the original license. WATERWAYS CONDITIONS: 1. ACCESS: In accordance with any License condition, easement, or other public right of lateral passage that exists in the area of the subject property lying between the high and low water marks" or"below the ordinary high water mark'', the Licensee shall allow the public in the exercise of such rights to pass freely over, under or around all structures within such (intertidal) area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on the easterly/westerly or northerly/southerly sides of the pier/dock, authorized herein or at each property line, adjacent to the high water shoreline. Said signs shall comply with the - Department's signage guidelines (see instructions) and shall be posted immediately upon license issuance or completion of construction' Nothing in this condition shall be construed as preventing the Licensee from excluding the public from portions of said structure(s)or property not intended for lateral passage. In partial compensation for the private use of structures and/or fill on tidelands and/or private tidelands and/or Great Ponds which interferes with the rights of the public to use such lands, the Licensee shall allow the public to pass on foot, for any purpose and from dawn to dusk, within the area of the subject property lying seaward of the high water mark or, for Great Ponds within the public access way delineated on the License plan/or within 5 feet of the ordinary high water shoreline. This condition shall not be construed to prevent the Licensee from taking reasonable measures to discourage unlawful activity by users of the area intended for public passage, including but not limited to trespassing on adjacent private areas and deposit of refuse of any kind or nature in the water or on the shore. Further, the exercise by the public of free on-foot passage in accordance with this condition shall be considered a permitted use to which the limited liability provisions of M.G.L. c.21, sl7c shall apply. 2. This License authorizes structure(s)and/or fill on: f0kWssDtP USEONLYY, , In accordance with the public easement that exists by law on private tidelands, the Licensee shall allow the public to use and to pass freely upon ❑ Private Tidelands the area of the subject property lying between the high and low water e. marks, for the purposes of fishing, fowling, navigation, strolling and the natural derivatives thereof. The Licensee shall not restrict the public's right to use and to pass freely, ❑ Commonwealth Tidelands for any lawful purpose, upon lands lying seaward of the low water mark. The Commonwealth holds said lands in trust for the benefit of the public. The Licensee shall not restrict the public's right to use and to pass freely ❑ Great Pond , upon lands lying,seaward of the high water mark for an lawful purpose. ;... p ... 9.. y P P The Licensee shall not restrict the public's right to use and to pass freely, ❑ Navigable River or.Stream for any lawful purpose, in the waterway. 3. Unless otherwise expressly provided by this license,'the Licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. License#DEP usE QNLY Page 4 4. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 5. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This License may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance; Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void' and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 6. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein. 7. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written consent of the owner(s)thereof. 8. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to G.L. Chapter 131, s.40, the Wetlands Protection Act. CONSTRUCTION: 9a. The project shall not significantly interfere with littoral or riparian property owners' rights to access and egress their property from the waterway. All structures shall be set back, at a minimum, at least twenty-five (25) feet from abutting property lines, where feasible. 9b. Structures shall not extend beyond the length of existing piers used for similar purposes; in no case shall the length extend more than %of the way across a water body and shall conform to the square footage requirements as stated in Construction Condition 9a. 9c. Within areas of salt marsh, structures shall be constructed with a minimum height of 4 feet above ground level measured from the bottom of the stringer, and maximum width of 4 feet, or at a 1:1 ratio so as not to have an adverse impact on the salt marsh or aquatic vegetation. Whereas, the width of the pier maybe equal to but not greater than the height. Any ladders shall be constructed of durable materials, shall be fixed to the pier in such a manner so as not to rest on the marsh, shall have a minimum width of 2.0 feet, and shall have adequate railings extending above the pier/dock decking in order to facilitate safe passage. 9d. When removed,all seasonal structures shall be stored landward of the mean or ordinary high water shoreline, vegetated wetlands, dunes and all wetland resource areas. Said storage shall be in conformance with any applicable local, state or federal requirements. 9e. The float(s) shall be constructed with an appropriate number of piles/pipes, legs or stop blocks attached to the float structural elements in order to,maintain at least 24 inches of clearance off the bottom at extreme low tides. 9f. All work authorized herein shall be completed within five (5)years of the date of License issuance. Said construction period may be extended by the Department for one or more one year periods without public notice, provided that the Applicant submits to the Department, thirty(30) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. DOCKING OF VESSELS: 10a. Motorized vessels shall be moored stern seaward of the float and shall have a draft no greater than that which provides a minimum of one foot clearance from the bottom at extreme low water. Where eelgrass,is present, vessels shall not have any adverse affects on eelgrass in the area. License#nEP 'SiONti;Y Page 5 10b. Vessels shall be moored such that they do not become grounded at any tide. 10c. No dredging (including, but not limited to effects of prop wash) is permitted herein. 10d. No boat moored at any dock may block or unduly impede navigation within the waterway or the use of any adjacent dock. COMPLIANCE The Licensee, within sixty (60) days of completion of the licensed project, shall submit a written statement to the Department that the project has been completed in substantial conformance with the conditions and plans of said license, or a copy of the Certificate of Compliance for this project issued pursuant to the Wetlands . Protection Act (if the project was previously issued an Order of Conditions or Superseding Order of Conditions under said Act). This License shall be void unless the License and the accompanying plan(s)are recorded within 60 days from the date hereof, in the Registry of Deeds for the said County. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. This License is granted upon the express condition that any and all other applicable authorizations required due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity of use authorized pursuant to this License. FOR MassP USE ONLY THE COMMONWEALTH OF MASSACHUSETTS IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this day of in the year date month —.._ .. _.. -.._.: ..., year Commissioner Department of Program Chief Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS This License is approved in consideration of the payment into the treasury of the Commonwealth by said— of the further sum of dollars and zero cents ($ .00) Applicant Amount The amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. Boston Approved by the Governor. Governor 11 �+�� y ` ` "' � K ak F ": ! xa,dt VS&?,St .,n i:.". ,.'n.r ..; �a Fv;B xi. /i£:x< �. rr. .} th`xa .�Si`�..4... 4` ;'yak�� YNC 5".,: 1 " / �9.§Y-$> ) 'fix `?� � �� ` LICENSE NO:F y " l, Erg ` Approved by Deportment of Environmento! ProteetIon Dote t. I"Il,1,b;,1--A'�. 1 , , CEN7ERUILLE W,JN �, t Q ENE # �.. a /i ,: ¢. ✓ '�r �©'fir S ��.QCiV.7u °a 3 {�✓ r i � r%�' /* �dJ ems^ *.. 'r �° '' �p� wEQUA UE7 NYEs r �� 4�� 4µ` Q LAKE Eta " 4 fv, " L i i- ANT LONG�' "! �� '.. �� a. i/ ; J ''. "`fir ` '� £ � -^zu� V s "4 t� �i'kli > / ,/ ,/ d' 2 " x W , _ aF � E --� � LOCUS '�M AP �, S \ —/ a , / s % 2 P scE� "{gym .,f ,�,, -1 :PO ,,- ,�-��O F R I k x* / / ° r , ' rrIre ," /e J \p - x �, _ . Pgr>c�o,, F"S� r ��N4 � Dix . .�� . C. �, . L . ,-- C_ ,, nw e -1 `Iw / „. I*/ �,-!-,- /�� "W 'mac s v 3 s' '. ,/ P �� P�r.L ,, s / . ,.f ';�, •„ ``.. *, ., fib ;�r„°='/' ..r r x' _✓� ., .I�/ ;v , !e F � `0 .ry a dab,, i k. �. so I 1 /�"�r "'� ti✓ - r r ;,/? .�Ir�y f,LV i j�d lr ,r �/ J .rJ .5& s .rQ29 N , . ,/ a t x 6' . �� .p ' /'� , ',�>"-�',,`4�",;m�)V-lI�1�-,.,"',,I�lI%1,I...,"ll g.",j%v,�?)",Ii,,I,,,,,,,"-'6",,1�"v-:��I',--r;,z ry �.. a 11 y;, mad 3, `. d �a a' �. ,� � ; ; b g...°` GRAPHIC SC% 11 .1 , 40' ��g�� Purpose ��Simpl�fi d lipensing Plans Accompanying petition of Proposed Prer Ra_mn = :' 4 �n � a 'x Adjacent P p rere t�y wners ` '� I <, 5 xi F'F K S Y �*P,yc y - K I Project Description s <1 Joan M Remm:es; Tr � 0 ��' ;; , >' I, _ � E ��, ��& � oi' A> Robtom Rerr►mes Famify Trust � M 'r- . CCIr Bake►' To :construct and maintain a pier" b. b Westpgrt;RM`A 027s90 P O BoX 923�•` and ramp on Wequoquet Loke, � y x Centerville, MA ;fl2632: qBarbaraC Dohe tCy Center ill"e MA{ 02632 w Barnstable County, MA K �� ,° Bx` A licants "Mark &,Cara1 Baker 54' Gera(di11 i, , , ' d b,xt FAR .. Y PP 8ra�ntre, MA021�4 ' ma j &� � f ; { Yx /� Sheet 1 of 2 Dote May 15, 2, x fit _ ( * t g t. r -, ¢ ' "%�*� * N' 4i aka '� v a �a II, R 1 - ..,w ,. wx - ., ., ,w.�.e w u".xui« dc. y� ..iir'" a 'c 'fie +<21:i .... .. _ `s, t;}�d 4. _ a. l 1 II f'� ("� 1'�'� 11 r LICENSE NQ x Approved by Department of,Jl Environmental Protect+on s , x a"P,v..,, '� . I'-h.. L dav"#:<rtS3Ayri'u udNf ".I .yy II ,fez% i k Date au« a§ { c 3 f A , lI1 � GENTERUILt E �, ;� ` x �"� :"�� ` &ice' - �vlo., ° 3"'s` - .. .; '�'. '$A »� r," s� 3 -` rJ" L"'.I�L��L�,.,:."�XX L,'-,.'v LI"�1"�LL`% ft�' u•? ..ins c; `"� o- �.QCus :s �' .,e'9 G1g x "; i W5 � € �§§ 'tNEQUAQUE3 'N Ft,, 4a arsa ,y LI1KE �r N 1z '* r %� yR1 q &, ,_ k ', F-a0 r _ s �a Q.;� �., �� ,a� t�i PQiNT FlJLtER s'T �V ; - 'PC�NT r M X t2 ', d } �� ll& � LOCUS MAP > fin,"`« !r,` Y Y_ f 'Scd! m d ' Q� .$"Y '' *a' - L4,,L�'%.l"7--W. 4 i �� z a <§ .- O� '' 4 x M jdV <C LL T c pp r a„ S; >II a" q�� _ a ! ' �� sf e- ��: �' m , n`� s i Z N v sa F • + - as 6�. ", ' gas.�� ,. • >x'kc. � � ` " 4= '.' M `' f a te -'{1 y r a Z � g , OF`Mgs d '� � d ,� . 'p� sq�: , " �" � � "' o`' aE�wARo� c $ -'' ' 2'C oz�a�+ c "` ate. .?- x - E '1 -3 >' d'' a's, Sac mom.. �:Y.:. �,� - '. R• p. ,, �,. Q PESC l � , II No 32001 e �rza 'fit �a �y `� i. x `� "x i ,, - I ". ,(�'`� "I I. I � -o sY toF `M ter, , e �. , ' 3 3 a SCALEt � tGx k ,.' ..r„s" Sat z' „' .�'. -� ,' Vie_ ' a, d �> v; ��^c ' ,' A '€ Pupose' Simpirf�eci �� ens�n9, PliansAccornp�a`nymg petition of� � � ,� Pra�osedi Pier & Rama Ad jacentPropertywnet s `' s t \ ' OM, A Project Description ,k Joan M Remrnes Tr y' " �M®rk La. & Carob A Bbker� � Robtom „Remmes F'amtl Trust ., . 7o construct and maintoin c�-spier �� Westport MA0279:0` ��` � '; ��P B'QX '9.23 and ;ramp 'on Wequaqu:et Lake, �a ,�' Centerville,:'MA 0263� :J28arbara�G_ Doherty ��Centervi(le,�� MA 02632 Barnstable�County, MAC � �- B` A licants Mark & Car: :Baker 54GeraFd�neLane* c Y PP {^SaCk� , s v � % '.+YF ig 3< e if2' 7 " IL LLI .F 8rcmtree; nMA 02184� � Sheet n2 of 2 Date May 15,.E 2OO9s y '3R z 3' kx��c � eU �, `S .$ -, e LV" Y afi " G ' .S« e `.e+i, dam` 3"`r '0, a < fi � ': IOWA . 3 C" Raft,CO*oft' .:. . #Orin or" of r �tamer»or�turie� �ool�+atN1;1�fl� � ' I RgWo*m, Pmpn by Pubfic C wNh 310 Clot 9.13 OW AdOd"llowm1b lY ` at by 1l fk"w 14"W R :P R9$w,0,Mw 21. ! ►�I�It fl x wid 1r�.I��wwwmaat - Tha 13, 292 I j YI _AL JL /J n 1 . 5 — n Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2008-051 - Baker Section 240-44 Accessory Uses by Special Permit I c, in,ct;,ll anti cj,e ;j.�easonal dock on an accessory lot across from the principal lot it «xvc s. tiununrry: Granted with Conditions: I'rlitiun,r: Mail< L. Baker and Carol A. Baker �c�ccssor Y� lise Address: � 1,�'ncc, p 1 Zoning District .: hf •.idc hootflying Hill Road, Centerville, MA kOO( Assessor's Map/Parcel: wp 193 Parcel 028 Print Wal Use Address: �:,1 Shootflying Hill Road, Centerville, MA Map/Parcel: Map 191 Parcel 049 RvII44 Requested and Background: i , ii�i . •rlrl,r.rl, the• pt,litioner is seeking a special permit to develop a seasonal dock far bo..rl ,,rr.e55 tO \�c•(Iu,utuet I like to be used s accessory to their residence. The accessory lot is addressed 522 tihc,r�ttlyinl Hill Road, and the principal; residential lot it serves,.is'addressed 521 Shootflyinf; Idill R(),ld, ("ollierville. I i� ' .i� c rs;ory Ic.>t is an 8,100 sq.ft. parcel fro nting on Shootflying Mill Road. Directly .icrr,sti the.ro;vl i1w principal lot. That lot consists of 22,907 sq.ft. and has frontage of 240.41 feet orl S loolflyin ; s I lilt Ro Biel. l he principal lot is developed with a 3,743 sq.ft., four-bedroom, single-family dwr�llin, - hmh in 1978. 1 he accessory lot is vacant except for an existing stairway to a small beach ..11TIC1. fire L,, Iit,c,nc.11, is sf.eking this permit pursuant to Section 240-44 Accessory Uses by Spacial Permit, lu `i all rw I4.,r Ille construction and use of the dock on the accessory lot. The proposed clock is to he 4 feet wit I(, ijy 40 feet lank; dnd include a 6 by 10.foot float at the end. The float will sit in approxim.itely h-l'! Oi \v.rtei. Seolon 240-4<i.A provides for the issuance of a special permit for accessory uses on aC i t ;si Iry lots pl ovide d the lots arc: immediately opposite and across the roadway end both lots larc, in i iii '�1hi <ilc,�.vnc�rship. k . Procedural & Hearing; Summary: I.us appe,d wi:,s filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals i,n )iuu 11, 2008. A puk,lir. hearing before the Zoning Board of Appeals was duly advertised for Au,;ust E,, :'Omi and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was then n r,v( d to tic pterr�bc r 10, 2008 due to a lack of quorum. At that time it was opened, the public <<'';ri IM2. Mls hold, and the Board found to grant the Special Permit subject to conditions. Board mombet� deciding this appeal were, William H. Newton, Michael P. Hersey, Craig (J. lLarson, Jdin • I . 10c(.111lef), (rnd Chair, l.&JI'a F. Shufelt. a1 { �' ( I (5., ,,•ld!,Ir 'c,iunt;lio,iid(,I Appeak Decision and Nolic(: - - I 1rak,r tiec lion 240-44 Accessory Uses by Special Permit I hc petitioner, Mark L. Baker and Carol A. Baker represented themselves at the hearing. Mr. Baker nc,te'cf that they were before the.Board seeking the special permit toallow for the installation and LISe „i th( it ac r csuxy lot for a seasonal pier. He explained that it is a small dock for docking their l,c,ntt�c(n hoot. He. noted that an Order of Conditions from the Conservation Commission Had been Is.ui c:1 .and the dock is for seasonal purposes only and will be deployed only during the boating I l,, 1)(0ool 111<I1 the accessory lot is:directlyacross`Shootflying Hill,Road from the principal lot on which Ii,( ii h(,nlc i; located. I he lots have transferred within the same deed and therefore both are held in tit( (•x.(i t 'Sarne name. They will maintain the two lo ts on the same deed; therefore, in the same, ewn( r�hip I--le stated that the use of the dock-is for his enjoyment and will not be used for ,any ht(,in( ,� vrnh.uc . it shall be strictly accessory. E I'uf(lir c (.1rnrnent way rt-,.cluested:dnd no one spoke-in favor or in opposition to the regcte l- Findings of Fact: 'V the he"lrint of Septenrber 10, 2008, the Board unanimously made the following findings of fact I Atjwdl No . 2008-051 is that of Mark L: Baker and Carol A. Baker for an accessory lot addreW'd x, 522 5ticiotflying Hill Road; Centerville MA and is shown on Assessor's Map 193 as P�Irc:(�I 028 ,tnei their principal residential lot addressed as 521 Shootflying Hill Road, Centerville, MA &, "h(mvr) on Assessor's Map 193 as Parcel 049. They have petitioned for a Special Permit pursuant to tiedion 240-44.A, seeking to install a seasonal dock on the accessory lot to he'used for hol-It ,Ic c(�ti to Weduactuet Lake. I he I(lt� Mt` imnle,dlately opposite and across'Shootflying Hill Road from each other and holh lets ,ile in the:' petitioners name by deed. In fact both lots are on a single deed Issued for the property Wc Orded in they Barnstable Registry of Deeds in Book ,17620, page 24 on September 10, 2003. lets are ii the Residential D-1 Zoning.District and the only permitted use is that of one sin} I, f,inllly dwelling and its accessory uses. The requested use of the accessory lot for a seasonal bodt dock is incidental and a customary accessory use to a residence with waterfront access the. c cc ssury lot will be k'?pr in the same name as the principal lot and uses it serves and the.refo rc, i� t.tlx�rclinatc to the principal residential use. t I he application falls within the provisions of Section 240-44.A for the grant of the special pe:rrnil Ind ,Ifter evaluation of the evidence including, but not limited to; the Order of Conditions by th'e, (;onc'er-vation Cornmission, the testimony by the applicant that it will be for his personal e njoyment and use, and that the two lots will be maintained in the same ownership, this proposal fulfills the spirit and intent of the zoning ordinance and will not represent a substantial detriment tci the puhlic or neighhorhood affected. Decision: Bd.fed on the findings of fact, a motion was duly made and seconded to grant Special Permit No., 2008-051 for the improvement and use of 522 Shootflying Hill Road, Centerville, MA, as accessory to the principal single-family dwelling lot located at 521 Shootflying Hill Road, Centerville, MA, suhiF ct to the followln,g conditions and restrictions. ' I